Help with CCJ. What to do next please.

[Diana M]

I have managed to log in to my claim here is what it says.
if you do nothing, judgment may be entered against you.

Claim Summary Claimant
Cabot Financial (UK) Limited

I note the Claimant is Cabot Financial (UK) Ltd which is unlicensed.

You also need to remove your personal details (your real name) from your previous post to protect your identity.

Di

[Amethyst]

Give the court a call ( MCOL ) and tell them that you submitted your defence through MCOL and the date you did it and they should be able to check the system - although if you didn't receive an acknowledgment of your defence email from MCOL when submitting it it is likely it didn't go through and you will have to apply to have it set aside if you want to continue defending, or apply to vary the judgment to a more affordable installment amount - £50 is pretty standard for default judgments.

I'd give the court a call first and check what happened with your defence;

0300 123 1057
01604 619 402


This is the form for applying for variation - N245 - https://formfinder.hmctsformfinder.j...k/n245-eng.pdf - this costs £50 although you may be able to apply for fee remission if your income is low ( see form EX160 )

For a set aside application it would be form N244 and this costs £100 by consent or £255 if the other side don't consent.

[maddogwhite]

Going by my dates even if the defece did not go through by responding to the claim surly I had loads more time left before they should have been able to do this to me. Is that correct or not. Don't you get 28 days. You can see by my post I responded within 21 days waiting on a reply from there solicitors. Is there anyway to reduce the £50 a month payments to them.

[Amethyst]

Yes you can apply to vary the judgment to a more affordable installment amount - £50 is pretty standard for default judgments - so it isn't based on your circumstances and you'd need to apply to have it reduced. This is the form for applying for variation - N245 - https://formfinder.hmctsformfinder.j...k/n245-eng.pdf - this costs £50 although you may be able to apply for fee remission if your income is low ( see form EX160 )


The Claim was issued 18th Jan - so your defence was due by Tuesday, 20 February 2018 ( 28 days from service ( 5 days allowed for service from issue date - so 33 days over all ) - and judgment was requested and awarded by default on Thursday 22nd Feb, so without your having a defence entered they were entitled to request judgment.

[maddogwhite]

I have messed up big time then, Dont no were to go next because i can not afford it and either way it is going to cost me. Only thing i think i can do is just ignore my door. I have nothing to really to take now andi live in a rented council home. Can they force my door in do you no.

[Amethyst]

No one is forcing anyone's door in. To get to enforcement agents ( bailiffs ) the judgment holder would have to wait until you missed making payments, then apply to court for a warrant, then the enforcement company write to you before anyone could think about visiting. Ignoring it completely could result it in going that way yes, but there is absolutely no need for that to happen.

First - you entered your defence but the court mcol system is rubbish - you can ask court to set aside the judgment on that basis if you think you still have a defence, then the judgment is removed and the claim proceeds - you can apply for fee remission so it may not have to cost you the court fee.

If you don't want to do that you can ask court to reduce payments ...

Form Ex160 - application for fee remission - this can be full or partial depending on your income. https://formfinder.hmctsformfinder.j.../ex160-eng.pdf

and Form N245 - to ask court to order a lower instalment based on your income and expenditure - this could be as low as £1 a month if that suits your circumstances. https://formfinder.hmctsformfinder.j...k/n245-eng.pdf

If you complete both those forms with copies of evidences asked for and send to the court together it will be looked at.